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The Truth About Legitimate Email Marketing!

 


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                 ** DEMC ** Volume IX No. 25 **
        The Truth About Legitimate Email Marketing!
          Serving the Internet Since November 1995

Quote for today:

"Have the courage to face a difficulty lest it kick you
harder than you bargain for." - Stanislaus _________________________________

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What's In This Issue - Features

1) Editor's Note: "3 New Challenges for Email Marketers"
2) Marketing Insights: "Trickery, Bribery & Squeezing the Value from Visitors"
3) Feature Article: "Blooming Blogosphere"
4) SOHO Help Desk: "How To Avoid the Top 10 Tax Return Errors"
5) DEMC's - Advertising Information



======================

1.

Editor's Note:

"3 New Challenges for Email Marketers"

As we wrap up the summer months, there is discouraging email marketing news on the horizon. It would seem some of the players waited until August for their updates in order to slide them by unnoticed. But, as your faithful editor with my eye on the web, I did not miss their quiet announcements. So let's get to uncovering the recent developments and review what we can do about them.

1) The FTC announced on Friday the 13th, the date goes with the news if you ask me, its proposed definition for the CAN-SPAM law. Congress required in the law that the FTC define the terminology "primary purpose" for determining what email is commercial.

The CAN-SPAM law states a commercial email message is "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service."

The FTC has now made an initial proposal for what "primary purpose" means.

Why is the definition of "primary purpose" important?

All email deemed commercial is required to comply with the law. Therefore any commercial email will have to include a descriptive subject line, a postal mailing address, as well as an unsub mechanism. Email that is a transactional or relationship message does not have to meet these requirements.

Here's where the problem arises. Let's say you're sending a transactional email, i.e. a receipt for an order, watch out. The FTC's proposed definition of "primary purpose" might n0w consider that email to be commercial. As a result, you'll have to place your postal address and an unsub mechanism in the email. Yes, this would mean your email bills may have to offer an unsub link.

So how did the FTC define "primary purpose" to create this situation?

They came up with three proposed criteria which all are based on a single principle: "Determining the primary purpose of an email message must focus on what the message's recipient would reasonably interpret the primary purpose to be."

Here are the 3 criteria:

First, messages that contain only content that advertises or promotes a product or service ("commercial content"), then the primary purpose of the message would be deemed to be commercial.

Second, messages that contain both commercial and transactional or relationship content may be deemed commercial if one of the following occurs a) the subject line would cause a recipient to reasonably think the message advertises or promotes a product or service; or b) the message's "transactional or relationship" content does not appear at or near the beginning of the message.

Third, messages that contain both commercial content and content that is neither "commercial" nor "transactional or relationship," then the primary purpose of the message would be deemed to be commercial if a recipient would reasonably conclude advertising is the purpose of the message. Factors which would effect the recipients interpretation would include the subject line, the placement of commercial content at or near the beginning of the body of the message; the proportion of the message dedicated to commercial content; and how color, graphics, type size, and style are used to highlight commercial content.

With this definition of "primary purpose" if you send out bills or receipts that also promote another of your products or services, those emails could n0w be considered commercial. Or emails announcing an update to - your site, your software, your ebook, your course, your policies, anything really - if the email also has promotional wording, it could be deemed commercial. How about emails to your affiliates, confirming payouts, if you have an ad in them too, they could now be commercial.

Should the FTC proposed definition become a reality you will have to make sure all of these types of emails contain an unsub mechanism and your postal address.

Making these changes could be a serious hindrance to business. Think about it. You'll have to add an unsub link to a receipt? This makes little sense as the individual is not on any list in the first place. It also is likely to confuse recipients. They could end up placing themselves on a no send list so if they ever purchased again they wouldn't get a receipt. This consequence is probably not what they intended and will cause problems as they'll complain for not getting a receipt.

The other option a business can take is to not include backend deals or promotions in bills and receipts. However, bills and receipts are great place to make special offers and boost sales.

If you're as distressed by the FTC's proposed definition of "primary purpose" as I am, now is the time to speak up! The FTC is accepting comments on the definition until September 13, 2004. You can enter your comment online at -
https://secure.commentworks.com/ftc-canspam/

2) AOL purchased Mailblocks at the beginning of A ugust. Mailblocks is the maker of a challenge response email system for fighting spam. If you're not familiar with challenge response, it is a system that sends out an email response question to an incoming messages. The email response question must be answered by the sender before the original email is delivered.

If your business sends to email lists or generates automated email receipts, bills, and autoresponse messages, challenge response systems prevent your emails delivery. You either have to devote a huge amount of time to responding to all of the challenge response question emails or accept that most of your emails to individuals who use challenge response will not be delivered. Neither choice is a good one.

AOL intends to offer Mailblocks challenge response system to their members in the near future. Thus the 23.4 million AOL users could place a challenge response system on their email.

Yikes!

The good news, if you can find any in this development, is that AOL will not be forcing their members to use Mailblocks. The Mailblocks challenge response system is going to become an option AOL users can choose.

To get a sense of how many AOL users may adopt Mailblocks, it's best to look to Earthlink's subscribers. Earthlink in May of 2003 began offering a challenge response system and 13% of its 5.3 million users have adopted it.

Should AOL have a similar number of members use Mailblocks, the result will be 1 million challenge response users between the 2 ISPs. In my opinion, however, I expect a higher percentage of AOL users will adopt Mailblocks. AOL members feel drowned in spam and the Mailblocks challenge response system is likely to be promoted heavily by AOL as a solution.

So what can an email marketer do to prepare for the coming AOL Mailblocks implementation?

Make a push now to your current email list(s) to encourage subscribers to place your "From" address in their address books. If your "From" address is in your subscribers' address books you will not be sent the challenge response question emails. And, your emails will be delivered.

You could send a mailing now asking subscribers to add you to their address books. Or add a note to the messages you currently send making the request. Your request can be as simple as this sample we use when sending to AOL members:

Please add our email address, DEMC-list@lyris.demc.com , to your AOL address book. (Just click on the address book in your email account, put DEMC-list@lyris.demc.com on your list of addresses, and click "add.") Thank you for your support of DEMC.

In addition to notifying your current list(s), be sure to ask all new prospects, customers, and subscribers to address book your "From" address. Place a notation on your sign-up page and order confirmation page explaining the need for placing your "From" address into their address book. Plus provide a page with instructions on how people place an address into an address book for each of the online services. You can find a free tool that generates instructions at - http://www.CleanMyMailbox.com/whitelist.html

3) Instant Messaging (IM) is on the rise. With the ever increasing volumes of spam, more Internet users are turning to IM to communicate with family, friends, business colleagues and clients.

According to a new AOL survey, three out of five Internet consumers use IM. Twenty-nine percent of IM users send as many, if not more, instant messages as they do emails. And now 27% of IM users say they use the communication tool at work too, a 71% increase from last year's survey.

Plus, it was found that IM is being accepted by all age groups, making it a mainstream internet application. For example, 48% of the respondents age 55 years and up use IM and 55% of those between 35 and 54 use IM. As expected, 90% of those between 13 and 21 use IM, while 71% of those ages 22 to 34 use it.

More than 7 billion IMs are being sent each day worldwide, according to market researcher IDC, Framingham, MA. And comScore Media Metrix claims there are 250 million people worldwide - a third of them alone in the United States - who regularly use IM.

Your business should think about incorporating Instant Messaging into your online presence. IM is a great alternative to phone and email communication. So why not add IM to your support options today?

That wraps up the news for August and the challenges for email marketers. Take note of the new developments and act as needed so you stay prepared and ready for doing business online.

Abbie Drew
DEMC Editor
mail@demc2.com


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Email Marketing Insights:

* Exclusive *

"Trickery, Bribery & Squeezing the Value from Visitors"
By: Lynn Terry

It doesn't work. Period. You shouldn't waste one moment of your time setting up every method conceivable of forcing a visitor to stay on your website, or bribing them into doing something they wouldn't do of their own will anyway.

For example, you may have been told that all external links (all links leading to any other website outside of yours, such as affiliate links or resources) should open in a new window. I was told that, too - and I did it. And now I am spending some time UN-doing it.

If a visitor wants to leave your website, no amount of 'trickery' is going to stop them from doing just that. They either found what they were looking for - or they didn't. And maybe they DID find what they were looking for... such as a resource link, affiliate link, or Adsense link. So let them go already - don't try to 'trick' them into hanging around by opening files in a new window, blasting them with an exit-pop-up that doesn't interest them, etc.

Think about it: when you visit a website and choose to leave or cl1ck on a link - a page opening in a new window doesn't make you go back to the original site when you're done there - does it?? Most likely, you found what you were looking for, and cl1cked through - period. And when you do close browser pages, do multiple windows popping up everywhere compel you to buy anything or subscribe to anything?? No. In fact, by the time you leave a website, you have already bookmarked it or subscribed to the newsletter... if you were ever going to at all!

Your job is to provide a strong call-to-action on your website. You want to lead your visitors through a very specific course of action - on a path. Some will follow it with much interest, and some will leave. The people who subscribe to your newsletter, contact you or buy your product are the ones that you want to market to, and the ones that you want to focus ALL of your energy on. As for those that aren't interested... you really don't want them to hang around anyway! And if they leave through an affiliate link - so be it! It's not necessary for them to return to your site (if they aren't your ideal customer/subscriber in the first place) - and you just might make a commission from the sale on another site ;)

Consider this, too: Most pop-up blockers do not allow pages to open in a new window. They treat it as a 'pop-up'. The blocker that comes with the Google Toolbar, for example, forces you to hold down the CTRL button and THEN cl1ck on the link in order to open it. How many of your visitors *know* that, and how many would just assume the link doesn't work and move on?

To sum it all up - don't waste any time trying to get the attention of people that are not interested in your service or product. Instead, put ALL of your time and energy towards the people who ARE. Stop trying to make a buck on "exit traffic" and start working harder to convert your 'ideal visitor' into a life long customer!

###
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3.

Feature Article:

* Exclusive *

"Blooming Blogosphere!"
By: Yvonne Divita

The online marketing arena is full of advice on e-mail marketing, newsletters, streaming media, pay per cl1ck, and more. The list can be exhaustive for a small business just getting started. In addition, the cost of implementing those marketing tools can be prohibitive for a small business. The question is: which one can you afford? Which one will give you the best ROI? Which one will track your results so even you can read them?

The answer is: all of the above - depending on the expertise with which they are implemented. But, there is another way. Enter the blogopshere.

Blooming Blogs

Blogs - an abbreviation for web-logs - are taking over the net. That's a bold statement to make, but Technorati.com has been tracking blogs for some time now and their site reports 3,624,399 weblogs being watched, as of August 25, 2005. A company web-log is real-time interaction between clients, vendors, and prospects. Because a blog is written by you, or your company representative, about your products and services, it can be your newsletter, your brochure, even your Web site, all rolled up into one. And tracking visitors is all done by the blogging company you build your blog with, available at the cl1ck of a mouse, 24/7.

Consider these comments from some Fortune 500s that consider blogs an important part of their marketing plans today:

* IBM says its blog is "a way to revolutionize employee communication." * Microsoft considers blogging as a way to "speed feedback on efforts to produce new products and improve business processes." * John Battelle predicted, in a recent Business 2.0 article, that "blogs will soon become a staple in the information diet of every serious businessperson - not because it's cool to read them, but because those who don't read them will fail." * Dave Manelski, program coordinator of Earth Share, a non-profit group that promotes environmental and charitable giving, says since launching their blog, traffic to Earth Share's Web site has more than tripled.

Resistance is Futile

In their About Us section, Technorati writes, "With an increasing number of people reading, writing, and commenting on blogs, the way we use the Web is shifting in a fundamental way. Instead of being passive consumers of information, more and more Internet users are becoming active participants. Weblogs let everyone have a voice."

The power of maintaining a blog, using the intuitive, web- based tools at Typepad or Blogger (offered through Google), is in its ability to PULL customers to you, rather than having you PUSH your company to the customer.

It's all in the content. Blogs appeal to the masses because they bring a human face to your company. A personal touch that is often missing from a Web site. By providing useful content on your blog, updating it regularly, and adding links to customer's Web sites, to industry publications, to partners and vendors, you have an easy to manage yet highly effective marketing tool. One that will attract search engine spiders via the links and fresh content you post.

Since launching my blog in March of this year, I've seen traffic to my Web site almost double. I also met a professional at the American Marketing Association through my blog. She asked if I would be willing to moderate an online Special Interest Group on marketing to women. I did - and it increased the sales ranking of my book at Amazon.com. My ranking went from 1.3 million (in a database of many millions) to 53,000 during moderating the SIG. Since then, updating my blog on a consistent basis has kept me at a ranking around 80,000.

If You Build It...They WILL Come

Like the Internet and Web sites, blogs are here to stay. Having one can be as easy as visiting Typepad or Blogger, following their simple directions - you don't have to know FTP or HTML - inventing a catchy name for yourself, and saying, "Hey, friends (customers or colleagues) come and see what I have to say!" They will come, and if you're serious about what you write, they will share it with hundreds of other people they know. You, too, can have a blooming blog, and make a bigger success of your online marketing, just in time for Christmas...if you start NOW.

###
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======================

4.

~/~ SOHO Help Desk ~\~
http://www.demc.com


"How To Avoid the Top 10 Tax Return Errors"

Today's SOHO Help Desk is from a long time contributor to DEMC E-Magazine, Sandy Botkin. Sandy was a former trainer of IRS attorneys and currently he lectures nationally to self-employed people and companies on tax issues. Recently he sent me the information below on 10 errors people make on their tax returns.

If you have a valuable tip, promotional idea, question or answers you would like included in an upcoming issue of DEMC, all you have to do is submit it by email to - mailto:helpdesk@demc2.com

=== 10 Tax Return Errors ===

From: Sandy Botkin

Common Mistakes on Tax Returns:

I often get asked, "what are some of the biggest red flags or mistakes that people make on tax returns?" This article should address this question. What you will find interesting is that some of the biggest mistakes are easily correctible.

1. Omitting income: Income that you receive in dividends, interest, commissions and, stock trades get reported to the IRS on FORM 1099.

This becomes a common problem when people move since they may not receive all their 1099s. If what IRS receives doesn't match what you report on your tax return, you will be "invited" for a chat by the IRS. Make sure that you don't lose any FORM 1099s, and give them with your tax questionnaire to your accountant.

Tax Tip: Make sure that you notify the post office of any change of address and also notify any investment institution of your move. Thus, notify all banks, stock brokers, financial planners etc. of your move.

2. Review Prior year's tax returns: As friendly as you may be with your accountant, he or she doesn't have your entire tax history in their memory.

Look over your last year's tax returns for items that may affect this year's return such as loss carry forwards, unused passive losses etc. For the record, if you have any business losses, you may carry them forward and use them to offset up to the next 20 years of income. If you have capital losses, you get to carry them over forever and use them against any capital gains. If you don't have capital gains, you get to use up to $3,000 per year against any type of income. Needless to say, don't lose these carry forward schedules.

3. Be organized when you see your accountant: It is truly astonishing how many people come into their accountant completely unprepared with a shoe box full of disorganized receipts.

It is crucial that you organize your receipts by expense category and complete a tax questionnaire that most accountants have. Be prepared to come with a list of tax questions or tax strategies.

Tax Tip: If you have any kind of business or real estate investment, you should get my programs, "Tax Strategies for Business Professionals" and "Wealth Building Tax Secrets for Real Estate" and have listened to them before any meeting with your accountant.

4. Don't over pay your taxes on stock and mutual fund sales: When you sell stock or mutual fund shares, you only pay tax on the difference between your sales price and your basis.

Sadly, many people make mistakes in computing their basis. This is especially true if you invest in mutual funds. For example, when you pay tax on the gain from the fund, you increase your basis in your mutual fund shares. Also, if there is a dividend reinvestment, you also increase your basis. You need to keep track of your stock and mutual fund basis each year. Thus, you should have a schedule for each fund that you own that keeps track of your basis. Your accountant won't do this.

Example: You paid $10,000 for some mutual fund shares and reinvested $1,000 worth of distributions. Your basis for both gain and loss is $11,000.

5. Not substantiating charitable deductions correctly: Most people are realizing that it is better to give than receive, at least tax wise.

When you contribute property to a charity that you held for more than a year, you generally can deduct the fair market value of the property at the date of the donation regardless of your cost basis. However, most people are not aware of the strict substantiation requirements for charitable deductions

a. Contributions of $250 or more: If you contribute cash or property of $250 or more to a qualified charity, you must also substantiate this contribution by a contemporaneous written acknowledgment from the receiving organization and have a copy of the check. Thus, you may be asking, "what is a contemporaneous written acknowledgment?"

You should request a written statement from the charity that states: 1) the amount of cash and description of the property contributed and, 2) whether the charity provided any goods or services in consideration for the contribution, and, if goods an services were provided by the charity, 3) a description and good faith estimate of the value of those goods and services

b. Non cash contributions of $500 or more: If you make any gifts of property over $500 but less than $5,000, you must submit, in addition to the substantiation noted above, IRS FORM 8283 to your tax return, showing certain required information.

c. Non cash contributions exceeding $5,000: For charitable gives exceeding $5,000, you must also obtain, in addition to the substantiation requirements noted above, a "qualified appraisal" for each item donated, and attach an appraisal summary, IRS FORM 8283 to your tax return. This has usually been a big problem with people donating cars due to the "higher" fair market values of these vehicles.

Author's note: If you are wondering why Congress would put in such idiotic and an onerous requirement, the reason is based on the golden rule: "He who has the gold, makes the rule." By making things more difficult, Congress can make your deduction more difficulty, which provides more revenue if you don't adhere to these rules.

6. Failing to sign tax return: Amazingly enough, one of the biggest reasons people get audited is that they fail to sign their tax return. Make sure that you sign your tax return, and if you file jointly, your spouse also signs the return.

7. Put the correct social security number on your tax return: Another big mistake that causes an increased audit risk is using the wrong social security number of transposing numbers for your social security.

Make sure that you have the right social security number of the taxpayer. I should also note that you need the correct social security number in other places of your tax return. For example, if you are claiming dependants, you need to show what there social security number is. Likewise, if you claim any alimony payments, you need to report the social security number of the person receiving the payments. Also, name changes (such as that caused by marriage) that don't match social security numbers can be a real problem. You should promptly report a name change to the Social Security Administration by filing FORM SS-5 at its local office nearest you.

8. Overpaying social security taxes: If you received payments from two or more jobs and earned more than $87,900, you may be able to file a claim on your tax return for the excess social security withheld.

For 2004, wages over $87,900 are not subject to social security; however, there is no limit on the 2.9% Medicare withholding.

9. Make sure that IRS receives your tax return: My dad has a friend that sent in his tax return using the post office with a $15,000 check.

Both the return and the check were lost by the postal service. My father's friend paid in the $15,000 plus $11,000 worth of interest and penalties. Always send in your tax return either registered mail, federal express or, even better, electronically. Electronic filing is very convenient since there are no lines and can be done any time of day. Refunds also can come about two to three weeks quicker. Moreover, the accuracy of electronically prepared returns is much better than that done manually. According to the IRS, the error rate for manually done returns is 21%; however, the error rate for e-filed returns is less than 1%. You also get proof that IRS received the return in case of problems. This proof can save you potential penalties in the long run.

10. Make each check to the IRS state what it is for: Any check sent to the IRS that doesn't clearly state what it is for and for whom it is applied may be lost or misapplied.

It is important that you write on the check: 1) your social security number, and that of your spouse if you file joinly, and 2) the tax period for which the payment was made. If it is for a business, use the employer identification number. Here is the problem: if you don't designate the payment for a particular tax or period, the IRS can apply it towards anyway it chooses. Thus, if you have an ongoing tax dispute or pay different types of taxes, this IRS option can be very detrimental to you.

Sandy Botkin, CPA, ESQ.
Tax Reduction Institute
http://www.taxreductioninstitute.com

Check out my new 5 star rated book, "Lower Your Taxes:
BIG TIME", published by McGraw-Hill. Visit your local
bookstores or go to amazon.com and barnesandnoble.com.

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